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Supreme Court sides with EEOC in religious discrimination case

A ruling in a closely watched religious discrimination case means employers may be liable for discrimination if they base employment decisions on an applicant’s suspected religious practices even in situations, such as the one in this case, in which the applicant hasn’t directly disclosed a need for a religious accommodation. On June 1, the U.S. […]

Workers’ comp changes for post-traumatic stress disorder claims

by Brandon Wiebe A second Canadian province, Manitoba, recently amended its Workers Compensation Act to create a rebuttable presumption that claims for post-traumatic stress disorder (PTSD) are work-related. But Manitoba’s law is novel in that it applies to all workers, regardless of occupation.

Rhode Island

FMLA Interference: Discharging Employee Proves Risky Business

By Meghan Siket, JD Employers are prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any right granted to employees under the Family and Medical Leave Act (FMLA). You are also prohibited from discriminating or retaliating against employees for exercising or attempting to exercise any FMLA right.

prepared

Do not repeat the mistakes of your diva

Preparation pays off. While it may be well known that “practice, practice, practice” gets you to Carnegie Hall, it appears you don’t even need to do the sound check to play Times Square on New Year’s Eve. Mariah Carey’s performance to close out the year may have felt like a fitting end to 2016, a year that has caught so […]

Update on FCRA: New Court Decision, New FACTA Regs

by Sam Fulkerson A new decision from the Tenth Circuit makes an important distinction about what constitutes a “consumer report” under the Fair Credit Reporting Act (FCRA). In addition, new amendments under the Fair and Accurate Credit Transactions Act (FACTA) designed to prevent identity theft amended the FCRA effective November 1, 2008. Let’s look at […]

Under the Americans With Disabilities Act (ADA), "reasonable accommodation" depends on the job, not just the employee

Employment law attorneys note that ADA will not force you to make “reasonable accommodations” to the point that they hamper job performance When the Americans With Disabilities Act (ADA) was passed in 1990, some employers went into a tailspin. ADA mandated “reasonable accommodations” for the disabled. That invoked the specter of all manner of expensive […]

Plan’s Network Policy Was Clear Enough to Ward Off ERISA Claims (in spite of poor call center performance)

Rejecting a plan participant’s claims that plan documents should specifically list in-network providers, the 7th U.S. Circuit Court of Appeals held that a plan clearly providing information on how to check for provider status was sufficient to escape benefits-denial and fiduciary-breach claims. In affirming a lower court decision, the court also rejected an argument that […]

Ghost of Christmas Past: Firing Union Supporters Can Come Back to Haunt You

By David McDonald Most Canadian employers are familiar with what they can and can’t do when they’re the target of a union-organizing campaign. Labor legislation across Canada prohibits management from terminating or disciplining employees because of trade union affiliation while a union is attempting to gain representational rights. A recent decision from British Columbia, Playtime […]

California Expands Health Insurance Protection for Pregnant Workers

Starting Jan. 1, 2012, employers in California with five or more employees must continue paying their share of health insurance premiums for female employees taking leave under the Pregnancy Disability Leave law for up to four months in any 12-month period. Employers will also be liable for interfering with, restraining or denying the exercise of […]

Employers Need Understanding of Canadian Work Permits

By Lesli Sheinberg and Isabelle Dongier When do foreign workers need to obtain a Canadian work permit? The rules often are misunderstood, and that misunderstanding can lead to complicated situations for employers and foreign workers. Sometimes the workers learn of the work permit requirement only upon arrival in Canada, and that can result in many […]